LeBaron v. Commonwealth (Lawyers Weekly No. 10-093-14)
Sex offender's petition for extraordinary relief denied where claimed trial errors were properly raised in pending direct appeal.
Lawyers
Commonwealth v. Jones-Pannell (Lawyers Weekly No. 11-059-14)
Officers observed man at midnight with hand inside pants in area with documented gang and gun activity; evasion of police justified investigative stop.
Twomey, et al. v. Town of Middleborough, et al. (and a companion case) (Lawyers Weekly No. 10-092-14)
Board of selectmen, not town meeting, has authority to set HMO premium contribution percentages for retired municipal employees under G.L. c. 32B, § 16.
Commonwealth v. Dacosta (Lawyers Weekly No. 11-058-14)
Breathalyzer test showing .09 percent alcohol level, administered fifty-five minutes after operation, sufficient to prove per se violation without retrograde extrapolation evidence.
Commonwealth v. Wright (Lawyers Weekly No. 11-056-14)
Traffic stop with drug conviction affirmed where officer had reasonable suspicion based on expired identification, vehicle registration mismatch, and occupants' prior drug convictions.
K.G.M. Custom Homes, Inc. v. Prosky, et al. (Lawyers Weekly No. 10-091-14)
Sellers' attorney's obstructive conduct at closing constituted actual breach of good faith covenant, allowing developer to elect liquidated damages remedy without amending complaint.
Benson v. Commonwealth (Lawyers Weekly No. 11-057-14)
Correction officer injured by inmate violence could not include shift differentials in assault pay calculation, as these were already reflected in average weekly wage baseline.
Commonwealth v. Lopes (Lawyers Weekly No. 11-052-14)
Defendant convicted of OUI and operating after suspension. Affirmed where judge properly admitted limited prior OUI evidence and gave multiple limiting instructions to jury.
Ramzi, Inc., et al. v. Department of Public Health (Lawyers Weekly No. 11-053-14)
WIC vendor disqualification reversed and remanded where agency failed to apply notice requirement for pattern violations under federal regulation superseding prior state practice.
Callahan v. Callahan (Lawyers Weekly No. 11-054-14)
Abuse prevention order properly extended when defendant incarcerated for causing plaintiff physical harm, even if he cannot inflict imminent harm from prison.